HomeMy WebLinkAbout11926RESOLUTION NO. 11926
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO LA GENTE YOUTH GROUP,
INC., FOR THE USE OF THE 1200 BLOCK OF JUAN
MADRID TO CONDUCT THE ST. ANNE’S SOFTBALL
TOURNAMENT FUNDRAISER
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to La Gente Youth
Group, Inc., for the use of the 1200 Block of Juan Madrid from July 16, 2010, at 12
Noon until July 19, 2010 at 12 Noon to conduct the St. Anne’s Softball Tournament
fundraiser.
SECTION 2.
The use of the public right-of-way granted hereby is subject to all limitations,
terms and conditions set forth in the attached Revocable Permit.
INTRODUCED: June 28, 2010
BY: Vera Ortegon /COUNCILPERSON
Background Paper for Proposed
RESOLUTION
DATE: JUNE 28, 2010AGENDA ITEM
# M-7
DEPARTMENT:
PUBLIC WORKS
DIRECTOR – EARL WILKINSON, P.E.
TITLE
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO LA
GENTE YOUTH GROUP, INC., FOR THE USE OF THE 1200 BLOCK OF JUAN
MADRID TO CONDUCT THE ST. ANNE'S SOFTBALL TOURNAMENT FUNDRAISER
ISSUE
Should City Council issue a Revocable Permit to La Gente Youth Group, Inc., for the
purpose of conducting a fundraising softball tournament?
RECOMMENDATION
The Revocable Permit Review Committee recommends approval of this Resolution.
BACKGROUND
La Gente Youth Group, Inc., has requested the use of the 1200 Block of Juan Madrid to
host a fundraising softball tournament from July 16, 2010 at 12 Noon until June 19,
2010 at 12 Noon.
FINANCIAL IMPACT
None.
REVOCABLE PERMIT
Pursuant to the authority granted by Section 16 -9 of the Charter of Pueblo, a Municipal Corporation, (the "City"), the City
Council of City hereby grants the following revocable permit to Permittee subject to and conditioned upon the provisions
herein contained and the Permittee's compliance therewith:
1. Name, Address and Telephone Number of Permittee: La Gente Youth Sports, 2804 East 12 Street, Pueblo, CO
(719) 406 -9200
2. Permitted Area: 1200 Block Juan Madrid
3. Purpose of Revocable Permit: St. Anne's Softball Tournament Fundraiser
4. Authorized Improvements:
5. Commencement Date: July 16, 2010 Time: 12 Noon
6. Ending Date: July 19, 2010 Time: 12 Noon
PERMITTEE IN CONSIDERATION OF THE ISSUANCE AND GRANTING OF THE ABOVE DESCRIBED
REVOCABLE PERMIT (THE "PERMIT ") REPRESENTS, WARRANTS AND AGREES:
(a) The Permitted Area shall be used for the above - specified Purpose of Revocable Permit. No use of the Permitted
Area shall be made before the time of the Commencement Date.
(b) All structures, fences, tables, chairs, equipment or other improvements authorized to be placed in the Permitted Area
by Permittee (the "Improvements ") shall be constructed, installed, and maintained by Permittee in compliance with all
applicable codes, ordinances, rules and regulations of City and this Permit.
(c) If the Revocable Permit is issued for a sidewalk cafe, the Permittee and sidewalk cafe shall be subject to all the
provisions, conditions and requirements contained in section 9 -10 -84 of the Pueblo Municipal Code, or as same may be
amended, which are incorporated herein by reference. In addition, no Improvement shall be tied -down or chained to any
tree within or adjacent to the Permitted Area nor shall any Improvement be installed or located in such a manner as to
hinder or interfere with the opening of motor vehicle doors or passenger movement to and from motor vehicles parked
adjacent to or near the Permitted Area.
(d) If this Permit is issued for the use of the public right -of -way for a special event, Permittee shall deposit with the City
the sum of $500.00 ( "Deposit "). The Deposit will be forfeited to the City if Permittee does not remove all Permittee's
equipment and property from, and clean and restore the Permitted Area to its original condition before the Time of the
Ending Date. If so timely removed and cleaned, the Deposit will be returned to Permittee.
(e) Before the Time of the Ending Date, or immediately upon any other termination of this Permit, Permittee shall, at
Permittee's expense, remove all of Permittee's Improvements from the Permitted Area and clean and restore the Permitted
Area to its original condition. Failure to timely remove all of Permittee's Improvements from the Permitted Area and clean
and restore the Permitted Area to its original condition shall constitute Permittee's abandonment of the Permittee's
Improvements, and City may, at Permittee's expense, remove and dispose of Permittee's Improvements and clean and
restore the Permitted Area to its original condition. Permittee agrees to pay all City's costs and expenses, including
reasonable attorney fees, incurred in the enforcement of this Permit.
(f) Permittee shall keep all Improvements and Permitted Area in good, clean and safe condition and repair, free from
litter, waste and debris.
(g) Permittee shall indemnify, defend and hold City, its officers, agents and employees harmless from and against any
and all suits, claims, liabilities, loss, damages and expenses, including reasonable attorney fees and cost of defense, arising,
directly or indirectly, from or caused by the issuance of this Permit or the conditions hereof, or the existence, construction,
installation, repair or maintenance of the Improvements in the Permitted Area, or the use of the Permitted Area or
Improvements by Permittee, its officers, agents, employees, invitees or general public.
(h) Neither this Permit nor any of the privileges granted to Permittee hereby, may be conveyed, assigned, transferred or
sublet by Permittee without the prior written consent of the City Council of City. Any attempted conveyance, assignment,
transfer or subletting of the Permit or Permitted Area without the written consent of the City Council of Pueblo shall be
void and of no effect and shall cause this Permit to be automatically revoked.
CA — 4/6/10
(i) Permittee shall keep and maintain commercial general liability insurance covering the Permitted Area and
Improvements in amounts not less than $1,000,000.00 combined single limits per occurrence and aggregate, naming the
City as an additional insured and contain a waiver of rights of subrogation against City. A certificate for such insurance
and each renewal thereof shall be delivered to the City. Failure to maintain such insurance shall cause this Permit to be
automatically revoked.
(j) Trees, landscaping and shrubbery within or adjacent to the Permitted Area shall be protected from damage or injury
by Permittee and shall not be removed except after receipt by the Permittee of the written consent of the City's Director of
Parks and Recreation.
(k) Any notice or other document required or permitted herein shall be in writing and delivered personally or by first
class mail, postage prepaid, as follows:
(i) If to Permittee, at the address shown in paragraph 1 above.
(ii) If to City, 1 City Hall Place, Pueblo, Colorado, 81003, Attention: Revocable Permit Review
Committee.
Each party reserves the right to change its address provided notice of such change is given in accordance with this
paragraph (k).
(1) City reserves and is hereby granted by Permittee access to, under and through the Permitted Area for any and all
purposes. City may injure, damage or remove any and all Permittee's Improvements in the Permitted Area in exercising
the right of access hereby reserved and granted. Permittee assumes the risk of injury, loss and damage to Permittee's
Improvements within the Permitted area, and City shall have no responsibility or liability for any damage or injuries
thereto, whatsoever the cause, including, but not limited to, the acts or omissions of City, its officers, employees, or agents.
(m) This Permit shall terminate upon the occurrence of any one of the following events: (i) the Time of the Ending Date,
(ii) abandonment or non -use by Permittee for a period of three (3) consecutive months, (iii) surrender or cancellation of the
Permit in writing by Permittee, (iv) automatic revocation as provided in paragraphs (h) and (i) above; or (v) revocation or
termination of this Permit by resolution of the City Council of City.
(n) Permittee acknowledges and agrees that this Permit is temporary and subject to revocation or termination by
resolution of the City Council of City, in its sole discretion, for any reason or no reason, at anytime, without liability to
City, and without notice to or hearing by Permittee. Permittee waives any and all right or claim to such notice, hearing, and
liability of the City. f
Signed in Pueblo, Colorado this q day of �Jur1C, , 2001 .
PERMITTEE:
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STATE OF COLORADO )
COUNTY OF PUEBLO ) Ss
The foregoing instrument was acknowledged before me the 9 +h day of JUN..- , 20 10 by
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PUEBL Munic al Corpor ion
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Ans.org
June 4, 2010
Larry Atencio, President
Pueblo City Council
1 City Hall Place
Pueblo, CO 81003
Mr. President and City Council,
La Gente Youth Sports is requesting a revocable permit to close a portion of Juan Madrid
Avenue (1200 block) on the weekend of July 16, 17 and 18, 2010. We are asking to
close the street to host a fundraising softball tournament, the Tournament at St. Anne's.
The tournament was once part of the St. Anne's community festival, which no longer is
in existence.
If you have any questions please feel free to call me at your convenience.
Sincerely,
Zac S. Valdez, MBA
Executive Director
La Gente Youth Sports, Inc
719 - 406 -9200 Cell
719 -542 -3766 Office
zachary @lgys.org
Supported in part by:
Pueblo County united ` � �
United Way , Way 4
La Gente Youth Sports, Inc. 2009. A Tax Exempt Nonprofit Organization
From:HUB INTERNATIONAL PUEBLO, CO 1 +866 +908 +2103 06/17/2010 08:26 #940 P.001/002
Client#: 168751 LAG ENT EYI
ACORD CERTIFICATE OF LIABILITY INSURANCE DATE ( YY)
PRODUCER THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION
HUB International Ins Svcs Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1414 W 4th St HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
P.O. Box 58
Pueblo, CO 81002 INSURERS AFFORDING COVERAGE NAIC it
INSURED INSURER A: Philadelphia Insurance Company
La Gents Youth Sports Inc.
INSURERS:
2804 E 12th Street NSURER C
Pueblo, CO 81001
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR AUDI. TYPE OF INSURANCE POLICY NUMBER POLICY EFFEC��yE - PO LI CY TION LIMITS J.TR INSRC DATE nwwnn/YYYY) DATE ( UDD
A GENERAL LIABILITY PHPK563074 04/28/2010 04/28/2011 EACH OCCURRENCE 41,000,000
X COMMERCIAL GENERAL LIABILITY P SF4 (Ea occurrence) $100.000
I CLAIMS MADE e OCCUR MED EXP (Any one person) 85.000
PERSONAL &ADV INJURY Si .000,000
GENERAL AGGREGATE 42.000.0O9
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2,000,000
� � POLICY n PE R n IAC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
_ ANY AUTO (Ea accident) $
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Par person) $
HIRED AUTOS
-- BODILY INJURY
$
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
R ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS / UMBRELLA LABILITY EACH OCCURRENCE $
— 1 OCCUR n CLAIMS MADE AGGREGATE $
$
DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND 1 r i W tars l ITN
EMPLOYERS' UAatUTY
ANY �CPR�qry111NH) O�PR R/PARTNER/EXECLTIVE E.L. EACH ACCIDENT $
(ndat EXCLUDED?
!Nana ) E.L. DISEASE - EA EMPLOYEE $
s, s awe Felder
S PECIAL da PROVISIONS below E L. DISEASE - POLICY LIMB $
OTHER
DESCRIPTION OF OPERATIONS / LOCATONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL. PROVISIONS
Revocable Permit: St Anne's Softball Tournament, July 16 -19, 2010. Certificate holder Is listed as
additional insured In regards to General Liability per policy forms and conditions)
CERTIFICATE HOLDER _ CANCELLATION 10 pays for Non- Pavment
SHOULD ANY OFT E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Pueblo - Bella Trujillo DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAL An DAYS WRITTEN
211 E. D St. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Pueblo, CO 81003 IMPOSE NO OaUGATIDN OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
OWIZED EMI
ACORD 25 (2009/01) 1 of 2 #S746534/M698880 c 1988 - 2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD RE01